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I PKN 416/98 AI generated

Supreme Court dismisses appeal; lack of mandatory personal work service excludes employment contract qualification.

Case Number I PKN 416/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Daniela W. against a labor court ruling that classified her relationship with T.S. as a contract for services. The court found that while the plaintiff performed collection duties, she was not subject to mandatory personal service or direct subordination, as she could be replaced by others. Consequently, the essential characteristics of an employment contract were absent, leading to the rejection of her claim for reinstatement and lost wages.

Legislator headnote

AI generated

Art. 115 § 1 Kodeksu pracy; Art. 22 § 1 Kodeksu pracy; Art. 22 § 2 Kodeksu pracy; The absence of an absolute obligation to perform personal work excludes the qualification of a legal relationship as an employment contract.

Keywords

AI generated
employment contract qualification contract for services personal work obligation subordination requirement cassation appeal dismissal labor law classification replacement possibility

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 22 § 1 KP
Art. 22 § 2 KP
Art. 393 § 2 KPC

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